The loss of a loved one is among the most difficult things a family can endure. If your loved one’s passing resulted from negligence or misconduct, our Parkersburg personal injury lawyers can build a strong wrongful death case on your behalf.
Individuals, corporations, and other legal entities can all be held liable in a wrongful death claim. Please call Jim Leach Attorneys at Law today for a no-cost consultation. Our wrongful death lawyer serve clients throughout West Virginia, including Parkersburg, Morgantown, and other communities across the state.
Types of Wrongful Death Cases We Try
Carelessness of any kind can end in serious injury or worse. If someone’s carelessness caused the death of somebody you care about, you and your family shouldn’t have to suffer the tragedy alone.
Our attorney have helped clients pursue compensation for wrongful death resulting from a wide variety of different situations, including:
- Auto accidents, including crashes involving cars, trucks, motorcycles, and other vehicles
- Defective products
- Dangerous premises
- Medical malpractice
During your free consultation at our Parkersburg law office, our lawyer will review the details of your case. If you have a valid wrongful death claim, we will focus on the legal elements so you and your family can concentrate on grieving and rebuilding your lives after the loss.
Wrongful Death FAQs
A criminal case occurs when the government seeks to punish someone for an act that is classified as a crime. A civil case has to do with the rights and duties that individuals and organizations legally owe each other. The burden of proof is much higher in a criminal case, and the penalty can be imprisonment. In a civil wrongful death case, the defendant, if he loses, will have a monetary judgment entered against him. You can be found not guilty criminally but be found liable for wrongful death in a civil case.
No, the laws vary from state to state. An experienced wrongful death attorney licensed in your state can assist you in understanding the law and your rights regarding the law.
Can I sue for wrongful death in the death of a child or some other person who was not gainfully employed? What about a stay-at-home mom?
Yes. Even if your deceased loved one never held a job or contributed to the family financially, there are other ways he/she may have contributed. A parent/spouse who worked at home contributes service, guidance and nurturing. Non-monetary contributions are quantifiable as “pecuniary losses” in a wrongful death action. The damages awarded for the deaths of children and the elderly are usually modest.
Yes, it does matter. Wrongful death claims are very complex and require the expertise of an attorney who is familiar with the wrongful death laws in your state. You wouldn’t go to a dermatologist for a heart condition, so you shouldn’t go to a corporate lawyer for your wrongful death case.
Most likely, you would not be able to file a claim. In most cases spouses, children, and parents are the only ones entitled to bring a wrongful death action.
You may receive compensation for any of the following:
- Medical and funeral costs
- Lost benefits
- Lost future earnings
- Lost inheritance
- Pain and suffering
- Loss of companionship
- Mental anguish
My husband bled to death during surgery because the surgeon accidentally nicked an artery. I signed a consent form before surgery; does that mean I can’t sue?
You can sue. The form you signed merely granted consent for the surgery to be performed. It did not make the surgeon exempt from paying for fatal mistakes caused by medical malpractice.
Damages in a Wrongful Death Lawsuit
In West Virginia, parents, siblings, spouses, and children are eligible to recover compensation in a wrongful death action. The amount of damages awarded to surviving family members will vary from case to case.
In general, survivors of the decedent might be entitled to:
- Medical bills accrued before death
- Loss of financial support, including income, expected earnings, benefits, and inheritance
- Loss of love, care, nurturing, and companionship
- Pain and suffering
- Mental anguish
- Funeral expenses.
The statute of limitations for wrongful death claims in West Virginia is two years. In order to recover the compensation you deserve, it’s important to speak to an attorney well within this time limit. Experienced legal representation is critical for building a strong case against the negligent party responsible for the death of your loved one.
West Virginia Wrongful Death Attorney
Our Parkersburg personal injury lawyers are ready to review your case and answer questions about your wrongful death claim. Please contact Jim Leach, L.C. online or call today for your no-cost consultation. We serve clients in Morgantown, Charleston, and other areas of West Virginia and Ohio.